In many jurisdictions the list of factors for which anti-discrimination law applies has been expanded to include sexual orientation. As a result, moral and legal difficulties have arisen for religious organizations whose basic beliefs include the belief that sexual acts between persons of the same sex are immoral. In light of these difficulties, is anti-discrimination law of this sort unjust? Recently John Finnis has argued that, as commonly applied, such anti-discrimination law is disproportionate and (...) therefore unjust. In this essay, I critically examine Finnis’s argument, and argue that, on account of the conception of disproportionateness that is employed, it does not succeed. So as to enable the argument from disproportionateness to succeed, I develop and defend a modified conception of disproportionateness. -/- . (shrink)

An attempt to reduce disability discrimination can do more harm than the ostensible discrimination itself. Such is the case with Shavelson et al.’s (2023) argument for equal access to medical aid i...

In August 2021, a U.S. Federal District Court ruled that §1326 of the Immigration Naturalization Act (INA) which criminalizes illegal reentry violated the Equal Protection clause of the Fifth Amendment because it has disparate impact upon and discriminatory intent against Mexican and Latinx individuals. While §1326 has been unsuccessfully challenged in numerous other federal courts, US v. Carrillo-Lopez stands out in its originality of interpretation regarding the discriminatory intent of a federal statute. In this case commentary, the reasoning of the (...) case will be explicated, followed by an analysis of the unique statutory interpretation applied within the context of discriminatory intent doctrine. (shrink)

Due to the technology of machine learning, new breakthroughs are currently being achieved with constant regularity. By using machine learning techniques, computer applications can be developed and used to solve tasks that have hitherto been assumed not to be solvable by computers. If these achievements consider applications that collect and process personal data, this is typically perceived as a threat to information privacy. This paper aims to discuss applications from both fields of personality and image analysis. These applications are often (...) criticized by reference to the protection of privacy. This paper critically questions this approach. Instead of solely using the concept of privacy to address the risks of machine learning, it is increasingly necessary to consider and implement ethical anti-discrimination concepts, too. In many ways, informational privacy requires individual information control. However, not least because of machine learning technologies, information control has become obsolete. Hence, societies need stronger anti-discrimination tenets to counteract the risks of machine learning. (shrink)

To claim that companies should not discriminate on the basis of race, gender or religion seems almost as trivial as stating that they should not use forced labor or dump radioactive waste into the local river. Among other things, non-discrimination seems to imply that companies recognize and respect a range of religious preferences, including allowing religious clothing, e.g., by allowing Muslim women to wear headscarves. However, many companies do not believe that employees generally should be allowed to wear the (...) kind of clothes they please. In this paper, we discuss the asymmetry between the status of religious and secular clothing. We conclude that religious exemptions to dress codes can discriminate wrongfully. To solve this problem, companies should not ban religious clothing. Instead, companies should liberalize their dress codes, so that employees would be allowed to wear secular and religious types of clothing on an equal footing. (shrink)

One prominent criticism of luck egalitarianism is that it requires either shameful revelations or otherwise problematic declarations by the state toward those who have had bad brute luck. Relational egalitarianism, by contrast, is portrayed as an alternative that requires no such revelations or declarations. I argue that this is false. Relational equality requires the state to draft anti-discrimination laws for both state and private action. The ideal of relational egalitarianism requires these laws to be asymmetric, that is to (...) allow affirmative action for disadvantaged groups while prohibiting affirmative action for advantaged groups. Hence, the state needs to make a public declaration on which groups are privileged and which are underprivileged; and individuals need to reveal whether they belong to groups officially declared underprivileged. These declarations are no more problematic in this case than in the case of luck egalitarianism. (shrink)

To claim that companies should not discriminate on the basis of race, gender or religion seems almost as trivial as stating that they should not use forced labor or dump radioactive waste into the local river. Among other things, non-discrimination seems to imply that companies recognize and respect a range of religious preferences, including allowing religious clothing, e.g., by allowing Muslim women to wear headscarves. However, many companies do not believe that employees generally should be allowed to wear the (...) kind of clothes they please. In this paper, we discuss the asymmetry between the status of religious and secular clothing. We conclude that religious exemptions to dress codes can discriminate wrongfully. To solve this problem, companies should not ban religious clothing. Instead, companies should liberalize their dress codes, so that employees would be allowed to wear secular and religious types of clothing on an equal footing. (shrink)

The purpose of this article is to argue in favor of a private employer’s right to discriminate amongst job applicants on any basis he chooses, and this certainly includes unlawful characteristics such as race, sex, national origin, sexual preference, religion, etc. John Locke and many after him have argued that people have natural rights to life, liberty, and property or the pursuit of happiness. In this view, law should be confined to protecting these rights and be limited to prohibiting other (...) people from transgressing those rights. The law should not hinder an employer’s ability to discriminate, any more than it should compel people to marry against their wishes. These laws generally emerge from a moral perspective that people think should be imposed on everyone else. But those who don’t welcome those morals are in effect being coerced to abide by them against their will; this is unethical. Finally, it will be argued that the free market has mechanisms by which discrimination will, be rendered powerless to harm its victims. (shrink)

The potential for biases being built into algorithms has been known for some time, yet literature has only recently demonstrated the ways algorithmic profiling can result in social sorting and harm marginalised groups. We contend that with increased algorithmic complexity, biases will become more sophisticated and difficult to identify, control for, or contest. Our argument has four steps: first, we show how harnessing algorithms means that data gathered at a particular place and time relating to specific persons, can be used (...) to build group models applied in different contexts to different persons. Thus, privacy and data protection rights, with their focus on individuals, do not protect from the discriminatory potential of algorithmic profiling. Second, we explore the idea that anti-discrimination regulation may be more promising, but acknowledge limitations. Third, we argue that in order to harness anti-discrimination regulation, it needs to confront emergent forms of discrimination or risk creating new invisibilities, including invisibility from existing safeguards. Finally, we outline suggestions to address emergent forms of discrimination and exclusionary invisibilities via intersectional and post-colonial analysis. (shrink)

In this paper I consider the role of freedom in the justification of prohibitions on discrimination. As a case study, I focus mainly on U.S. constitutional and employment law and, in particular, restrictions on sex-stereotyping. I present a new argument that freedom can play at least some important role in justifying these restrictions. Not just any freedom, I claim: the Millian freedom to challenge existing stereotypes and contribute to social change. This ‘social change account’, I argue, can be a (...) useful supplement to the existing theories where their explanations run out. It also draws support from familiar liberal justifications for speech and other liberties, and provides an attractive role for the courts. (shrink)

This book provides a general theory of discrimination law as practised in liberal democratic jurisdictions. Rejecting accounts that place the value of equality at the heart of the law, it argues that discrimination law protects individual autonomy. Applying the theory, the book tackles the central legal problems in applying discrimination laws.

In her recent book, Faces of Inequality (2020), Moreau aims at developing a normative account of discrimination that is guided by the main features of anti-discrimination law. The critical comment argues against this methodology, indicating that due to indeterminacy relative to their underlying normative principles, central anti-discrimination norms cannot fulfill this guiding role. Further, using the content of such norms to guide ethical discussions is likely to be misleading, as it reflects evidentiary considerations that are (...) unique to the legal context. The critical comment’s claims are developed based on a close examination of indirect discrimination (or disparate impact) norms, and, as such, have wider implications for ongoing moral and political debates that are heavily influenced by the content of these norms. (shrink)

Anti-discrimination laws have long been established in many legal systems, and the relevant body of rules has constantly grown. But findings from social psychology research suggest that these policies are based on unrealistic premises and are therefore bound to remain unsuccessful in many instances. While legal scholarship has begun to reflect upon these insights and to discuss a number of individual policy responses, this essay seeks to provide a more comprehensive framework within which the implications of implicit social (...) cognition for anti-discrimination policies can be understood, and to map out the range of reform options for anti-discrimination policy. (shrink)

In an age of widespread cutbacks on social spending, the prospects of social policy generally appear to be grim. If noticeable progress has been recently made in the European Union, then it is in regard to rooting out discrimination. Indeed, anti-discrimination law and policy appears to be the one sphere of social policy whose success is causally connected to the European Union. But how successful can anti-discrimination law be? This book uses legal analysis in order (...) to expose the intrinsic shortcomings of common approaches. Anti-discrimination law fails to provide adequate legal guidance and therefore invites constant supplementation by pedagogical projects of social engineering. This book offers a genuinely leftist critique on anti-discrimination law, and concludes with a discussion of alternative models of solidarity in the Union. (shrink)

The Cameron government has recently negotiated a deal with the EU which permits the UK to restrict access to in-work benefits for recent EU migrants in the first four years of residence. Withdrawing access to in-work benefits will lead to significant inequalities in pay between British workers and their EU equivalents working at the same job, in the same general situation. The proposal has been widely decried as discriminatory. Is it? I do not, in this article, ask the legal question: (...) Does it violate anti-discrimination norms implicit in the treaties? Rather, I will ask the moral question underlying the legal one: Would, say, Polish citizens denied in-work benefits that British citizens receive be victims of wrongful discrimination? This question deserves consideration not simply because it will help us to evaluate some of the central concerns at stake in the Brexit debates but also because it will allow us to explore the role of norms against discrimination according to nationality within the EU, to address the nature of the European commitment to freedom of movement, and, in the reverse direction, to better understand our own moral commitment to anti-discrimination norms. (shrink)

Many theorists think that discrimination is wrongful because it involves treating discriminatees as if they have a lower moral status than others when in fact all people are moral equals. However, there are strong reasons, expounded by Peter Singer and others, to doubt that all people are indeed moral equals. While it may turn out that, ultimately, these reasons can be shown to be unsound, we cannot rule out the possibility that we are not all moral equals. If we (...) are not, discrimination cannot be wrong because it involves failure to treat people as moral equals. With this in mind, I propose two anti-inegalitarian accounts of the wrongness of discrimination – “anti-inegalitarian” rather than “egalitarian” because, strictly speaking, they do not posit equality of status, and “anti-inegalitarian” rather than “inegalitarian” because they reject almost all (and in the case of one of them, all) inequalities in status. These two accounts have many of the attractions of the moral equality account. Being immune to Singerian doubts about moral equality is also a strength of the accounts because it means that they are not hostage to the outcome of the intricate debate over moral equality. Lastly, the anti-inegalitarian accounts I propose are in some ways preferable to the moral equality account because they have certain implications for the wrongness of discrimination that an account given in terms of moral equality does not have, and which egalitarians so far have not theorized. (shrink)

Racism against Black people, Indigenous and other racialized people continues to exist in healthcare and academic settings. Racism produces profound harm to racialized people. Strategies to address systemic racism must be implemented to bring about sustainable changes in healthcare and academic settings. This quality improvement initiative provides strategies to address systemic racism and discrimination against Black nurses and nursing students in Ontario, Canada. It is part of a broader initiative showcasing Black nurses in action to end racism and (...) class='Hi'>discrimination. We have found that people who have experienced racism need healing, support and protection including trauma-related services to facilitate their healing. Implementing multi-level, multi-pronged interventions in workplaces will create healthy work environments for all members of society, especially Black nurses who are both clients/patients and providers of healthcare. (shrink)

This book explores emerging conflicts about religious liberty and discrimination. In point-counterpoint format, it brings together longtime LGBT rights advocate John Corvino and rising conservative thinkers Ryan T. Anderson and Sherif Girgis to debate Religious Freedom Restoration Acts, anti-discrimination law, and age-old questions about identity, morality, and society.

The urgency of the issue in question lies in the need to improve anti-discrimination legislation in Ukraine. The article aims to summarize the current state of combating discrimination in sports. Research methods include analysis, generalization, and the formal-logical method. The article summarizes international acts that promote the prohibition of discrimination and the need to combat it. One of the main problems in world sport is racial discrimination, and there are three types of racism in sports. (...) The main disadvantage of laws that lead to imperfect prosecution mechanism is entirely criminal liability for discrimination, even though the law on preventing and combating discrimination also implies administrative and civil liability. The article analyzes some positive foreign experience in combating and counteracting in sports. It shows that the priority areas for combating and counteracting discrimination in sports in Ukraine should be: improving the legislation in terms of prosecution; establishing a special body responsible for combating and counteracting discrimination in sports; introducing educational tools in schools and among members of sports organizations that promote human rights, regardless of race, colour or other characteristics. Emphasis is placed on the fact that an effective mechanism of legal regulation together with preventive measures should guarantee the protection of the rights of both athletes and fans. The obtained results can serve as the basis of legislative proposals to improve the fight against discrimination in sports, which will ensure the protection of human rights. (shrink)

Western liberal democracies tend to impose duties on public and private bodies that are often formulated as an obligation not to discriminate. For instance, the European Union prohibits direct and indirect discrimination on certain grounds in certain contexts. Under this model, indirect discrimination involves a measure that, although it does not directly (i.e. explicitly) discriminate on the basis of a proscribed ground, produces a disparate impact that correlates with such a proscribed ground. Indirect discrimination is generally viewed, (...) both conceptually and politically, as subordinate to direct discrimination. Professor John Gardner has argued that anti-discrimination law is justified on the basis of duties to respect other people's autonomy. On the base of this analysis, he argues that indirect discrimination is a secondary concept to the paradigm wrong of direct discrimination. I contend in this article that, if one adopts Gardner's autonomy-based analysis of anti-discrimination law, indirect discrimination is not a secondary concept to direct discrimination. Further, I argue that autonomy does not provide a convincing justification for the prohibition of either direct or indirect discrimination. I tentatively suggest, however, that the widespread impact of certain types of discrimination (alluded to by Gardner) may support an equality-based justification for the prohibition of both direct and indirect discrimination. (shrink)

The complex history of pandemics has created a diversified array of anti-epidemic responses, which have allowed structures of authority to express their power in multiple ways. In this paper, by considering theories applicable to cases ranging from Europe to Asia, from the 11th to the 18th century, we conduct a comparative analysis capable of identifying common traits and radical differences, aiming to show how such deployment of power was not always commensurate with the medical theories of the age, and (...) with the gravity of the epidemiological situation. Specifically, we analyse how Western European States, in their process of formation, employed the concept of ‘public health’ to create the grounds for an unprecedented exercise of power over the private sphere. Furthermore, we compare this attitude with the discrimination of the minority known as burakumin in Japan, which was destined to undertake any ‘dirty’ or ‘impure’ occupation, to preserve the immunity of the community. In other words, we examine how structures of power have exploited states of exception to implement control measures beyond the needs of the situation through an increasingly hypertrophic apparatus of security; and ways in which political authorities have not aligned with medical or philosophical authorities of their times, for opportunistic reasons that benefited their own social, religious, or racial group. (shrink)

This paper argues that cost-effectiveness analysis in the healthcare sector introduces a discrimination risk that has thus far been underappreciated and outlines some approaches one can take toward this. It is argued that appropriate standards used in cost-effectiveness analysis in the healthcare sector fail to always fully determine an optimal option, which entails that cost-effectiveness analysis often leaves decision makers with large sets of permissible options. Larger sets of permissible options increase the role of decision makers’ biases, whims, and (...) prejudices, which means that the discrimination risk increases. Two ways of mitigating this are identified: tinkering with standards used in the cost-effectiveness analysis and outlining anti-discrimination guidelines for decision makers. (shrink)

It’s often assumed that if white people have a sexual preference for other white people, they, when using intimate dating platforms, have the right to skip over the profiles of Black people. As some argue, we have the right to act on our sexual preferences, including racialized sexual preferences, because doing so isn’t harmful, and even if it were harmful, this wouldn’t matter because either our “right” to act on our sexual preferences outweighs the harm and/or we cannot even control (...) our sexual preferences. Against this view, I argue that (1) when white people act on anti-Black sexual preferences, white people harm Black people insofar as they reduce their objective welfare level, and (2) we can in fact, to some degree, control our racialized sexual preferences. Moreover, I argue that because white people who engage in racialized sexual discrimination against Blacks disrespect and demean Black people and we don’t have any kind of right to disrespect and demean persons, white people don’t have even a prima facie right to act on anti-Black sexual preferences. Indeed, white racialized sexual discrimination against Black people is always deeply wrong, not only because it wrongs Black people, but it also wrongs the discriminators themselves. (shrink)

Recent philosophical accounts of discrimination face challenges in accommodating robust intuitions about the particular way in which it is wrongful—most prominently, the intuition that discriminatory actions intrinsically violate equality irrespective of their contingent consequences. The paper suggests that we understand the normative structure of discrimination in a way that is different from the one implicitly assumed by these accounts. It argues that core discriminatory wrongs—such as segregation in Apartheid South Africa—divide into two types, corresponding to violations of relational (...) and distributive equality; and that a pluralistic view of the internal structure of each type should be adopted. This normative structure serves to appropriately vindicate the mentioned intuitions; it also contributes to clarifying the normative underpinnings of legal concepts associated with discrimination (including the distinctions between direct and indirect, or ‘disparate treatment/impact’ discrimination, and intentional vs. unintentional discrimination), and developing a more productive public discourse around allegations of discrimination. (shrink)

_Does sexism against men exist? What it looks like and why we need to take it seriously_ This book draws attention to the "second sexism," where it exists, how it works and what it looks like, and responds to those who would deny that it exists. Challenging conventional ways of thinking, it examines controversial issues such as sex-based affirmative action, gender roles, and charges of anti-feminism. The book offers an academically rigorous argument in an accessible style, including the careful (...) use of empirical data, and includes examples and engages in a discussion of how sex discrimination against men and boys also undermines the cause for female equality. (shrink)

The skeptic says that “knowledge” is an absolute term, whereas the contextualist says that ‘knowledge” is a relationally absolute term. Which is the better hypothesis about “knowledge”? And what implications do these hypotheses about “knowledge” have for knowledge? I argue that the skeptic has the better hypothesis about “knowledge”, but that both hypotheses about “knowledge” have deeply anti‐skeptical implications for knowledge, since both presuppose our capacity for epistemically salient discrimination.

An inordinate number of low wage workers in essential industries are Black, Hispanic, or Latino, immigrants or refugees — groups beset by centuries of discrimination and burdened with disproportionate but preventable harms during the COVID-19 pandemic.

The coronavirus disease 2019 pandemic has fueled anti-Asian, especially anti-Chinese sentiments worldwide, which may negatively impact diasporic Chinese youths’ adjustment and prosocial development. This study examined the association between compassion, discrimination and prosocial behaviors in diasporic Chinese youths during the COVID-19 pandemic. 360 participants participated and completed the multi-country, cross-sectional, web-based survey between April 22 and May 9, 2020, the escalating stage of the pandemic. This study found compassion as prosocial behaviors’ proximal predictor, while discrimination independently (...) predicted participation in volunteering, and could potentially enhance the association between compassion and charitable giving. These findings suggest that prosociality among young people is sensitive to social context, and that racial discrimination should be considered in future prosocial studies involving young members of ethnic and racial minorities. (shrink)

This discussion treats a set of familiar social derelictions as consequences of the perversion of a universalistic moral theory in the service of an ill-considered or insufficiently examined personal agenda.The set includes racism, sexism, anti-Semitism, homophobia, and class elitism, among other similar pathologies, under the general heading of discrimination. The perversion of moral theory from which these derelictions arise, I argue, involves restricting its scope of application to some preferred subgroup of the moral community of human beings. -/- (...) The following analysis of higher-order discrimination suggests that we often select the individuals who constitute such subgroups for reasons that we ourselves would reject on moral grounds were we to examine them carefully, but that we choose instead to put our rational resources in the service of avoiding any such examination at all costs. The implication is that arguments that truncate the scope of moral theory in fact justify bestowing the gift of moral treatment on a select few who deserve it no more than the many from whom we withhold it. Therefore, it would be precipitous to conclude that universalistic moral theory can be legitimately restricted in its practical scope of application in any way at all. (shrink)

The use of Quality-Adjusted Life Years (QALYs) in healthcare allocation has been criticized as discriminatory against people with disabilities. This article considers a response to this criticism from Nick Beckstead and Toby Ord. They say that even if QALYs are discriminatory, attempting to avoid discrimination – when coupled with other central principles that an allocation system should favour – sometimes leads to irrationality in the form of cyclic preferences. I suggest that while Beckstead and Ord have identified a problem, (...) it is a misdiagnosis to lay it at the feet of an anti-discrimination principle. The problem in fact comes from a basic tension between respecting reasonable patient preferences and other ways of ranking treatment options. As such, adopting a QALY system does not solve the problem they identify. (shrink)

A central trend in the development of discrimination law, in every jurisdiction, has been the movement from a requirement of intention to ground a complaint to the recognition as actionable of indirect or adverse effect discrimination. Initially, liability for discrimination was circumscribed very narrowly, requiring a form of intention that was tantamount to malice. The practical consequences of this narrow conception were apparent early on, and those concerned about them have long been agitating, with some success, for (...) a reading or redrafting of anti-discrimination statutes that would yield broader liability. Advocacy in the discrimination law context has tended to swing wildly between two extremes -- from a virtually exclusive focus on the moral blameworthiness of the defendant to an attempt to focus solely on the effects of discrimination on its victims. This article seeks to reexamine the gradual expansion of liability in discrimination law from the perspective of the key conceptual elements of liability in tort law in order to reexamine the normative underpinnings of this area of law. Viewed from a tort perspective, the enlargement of the scope of discrimination law can best be understood as resulting from an implicit expansion of the concept of fault appropriate to this context of human interaction, a change linked to an expanding conception of the human interests that discrimination law protects from infringement. From its beginnings, discrimination law implicitly recognized that deliberately refusing to contract with others out of ill will or prejudice toward an important aspect of identity such as race or sex constituted an affront to human dignity that could not be justified by the value of freedom of contract. The expansion of liability over time reflects an expansion of the concept of human dignity bound up with fair access to important opportunities and due consideration of the needs and interests of differently situated groups in the design of important social institutions. This conception of dignity constructs it as an objective interest that can be affected by implicitly discriminatory behavior as well as by conduct motivated by prejudice, requiring more robust justification than the mere claim to liberty. This approach can explain many of the advances in modern discrimination law without resorting to end-state distributive principles. (shrink)

“Discrimination on the grounds of disability is seldom malicious, but stems more from a lack of understanding.” A disabled businessman explores the need for businesses to cultivate and implement greater disability awareness. After graduating in engineering, he gained his MBA from London Business School in 1992. He now works as a consultant, capitalising on his background in business management and his personal experience of disability to assist clients in developing anti‐discriminatory policies and practice.

The law uses ‘discrimination’ to denote practices of exclusion and distinction that are wrongful from a legal point of view. Anti-discrimination doctrines around the world use the concept of ‘wrongful distinctions’ to enumerate the ways in which irrelevant distinctions between individuals or groups are made and to explain their illegality. But how should the term ‘irrelevant’ be understood in this context? Most legal systems around the world use the term ‘irrelevant’ only in denunciation of distinctions based on (...) ‘common,’ ‘classic,’ or ‘suspicious’ grounds, such as race-based or sex-based distinctions. (shrink)

There have been many criticisms of “nativism” in “Cartesian linguistics,” attacking positions that neither Chomsky nor any well-known generative grammarian has ever thought to defend. Shanker's polemic is no exception. It involves two spurious claims: Cartesian linguistics vitiates understanding language structure and use; nativism permits linguistic anthropology only to “validate” and “apply” generative principles. Briefly, Chomsky's outlines a language system, LS, of the human brain. LS reflexively discriminates and categorizes parts of the flux of human experience as “language,” and develops (...) complex abilities to infer and interpret this highly structured, and structurally peculiar, type of human production. There is nothing intrinsically different about LS – concerning innateness, evolution or universality – than the visual system, immune system, respiratory system, or any other complex biological system. Much polemic is driven by distaste for “innateness,” “genes,” and “evolution.” Historical and ideological reasons explain this aversion - some well-justified. None bear on universal grammar. Biologists believe all life consists of universal, highly structured codings of biological information. Still, biologists go on to explore diversity at many different levels. Similarly, linguistic anthropology can use generative grammar to better comprehend the diversity of languages and the cultural worlds they describe. This includes the very issues about proper names that Shanker highlights. (shrink)

Efforts to embed anti-heterosexist curriculum at the Toronto District School Board (TDSB) can become confused and contradictory because of the persistent subjection of the student to the curriculum, and by maintaining sex as a subject of danger and prohibition. Examples from the new TDSB anti-discrimination curriculum resource that were perceived as politically controversial in 2011 are briefly assessed with the popular queer(ed) theories of Foucault (1978/1990), Butler (1990; 1993), and Rubin (1984/1993). Deleuze's (1988) interpretation of Spinoza’s work (...) is also plumbed to explain the consequences of heterosexist discourse in schools. The Deleuzian-Spinozan example of the caricatures of the “moralist trinity” shows that heterosexist discourses promote the production of “sad passions” throughout social relationships by creating “sad” characters within each individual. Finally, anti-heterosexist action in schools is described as modelling consent in curriculum and exposing relationships of subjection. (shrink)

I trace a brief history of philosophical discussion of the concept WOMAN and identify two key points at which, I argue, things went badly wrong. The first was where when it was agreed that the concept WOMAN must identify a social not biological kind. The second was where it was decided that the concept WOMAN faced a legitimate challenge of being insufficiently “inclusive”, understood in a certain way. I’ll argue that both of these moves are only intelligible, if at all, (...) in the context of an anti-naturalist picture drawn from either post-structuralism or radical feminism. They become incoherent when adopted by methodological naturalists, who – especially when concerned to track oppression and discrimination – have no good reason to deny that WOMAN refers to a pre-given, biological kind. (shrink)

We are often conceived as cognitively at home with conditions that are luminous in roughly the sense that whenever they obtain we know or are in a position to know that they obtain; mental states such as feeling cold or pain are often thought to provide examples of luminous conditions. This chapter argues that there are no non‐trivial luminous conditions, and therefore that we suffer from a kind of cognitive homelessness. The argument involves consideration of gradual processes in which small (...) changes are below our level of discrimination. It is related to, but not the same as, sorites paradoxes, for example about how many grains make a heap. The result provides the basis for an objection to the attempt that Michael Dummett has made to characterize linguistic meaning in terms of assertability rather than truth. (shrink)

Our concern in this paper lies with a common argument from racial discrimination to realism about races: some people are discriminated against for being members of a particular race (i.e., racial discrimination exists), so some people must be members of that race (i.e., races exist). Error theorists have long responded that we can explain racial discrimination in terms of racial attitudes alone, so we need not explain it in terms of race itself. But to date there has (...) been little detailed discussion of whether it is better to explain racial discrimination in terms of race or in terms of racial attitudes alone. Our goal is to offer a novel and detailed argument in defense of explaining racial discrimination in terms of racial attitudes alone, by attending to the neglected phenomenon of misperception discrimination, which involves differential treatment due to misperceived race. We argue that the discriminatory action in misperception cases must be explained in the same way as cases where (according to the realist) the victim’s race is accurately perceived. Thus, the victim’s actual race cannot provide the best explanation. The main upshot of our argument is that explanatory arguments from racial discrimination to realism about race fail. (shrink)

This commentary proposes the need for greater normative debate about when, if ever, it is appropriate for insurers to access genetic information of insureds to combat anti-selection.

This essay responds to the criticism that contemporary efforts to redress discrimination and inequality are overly individualistic. Critics of individualism emphasize that these systemic social ills stem not from the prejudice, irrationality, or selfishness of individuals, but from underlying structural-institutional forces. They are skeptical, therefore, of attempts to change individuals’ attitudes while leaving structural problems intact. I argue that the insistence on prioritizing structural over individual change is problematic and misleading. My view is not that we should instead prioritize (...) individual change, but that individual changes are integral to the success of structural changes. These theorists urge a redirection of attention, claiming that we should think less about the individual and more about the social. What they should urge instead is that we think differently about the individual, and thereby think differently about the social. (shrink)

“Discrimination on the grounds of disability is seldom malicious, but stems more from a lack of understanding.” A disabled businessman explores the need for businesses to cultivate and implement greater disability awareness. After graduating in engineering, he gained his MBA from London Business School in 1992. He now works as a consultant, capitalising on his background in business management and his personal experience of disability to assist clients in developing anti‐discriminatory policies and practice.